Indigenous Knowledge and Intellectual Property Rights: A Reasoned Discussion

Abstract

This research paper reviews the current relationship between indigenous knowledge and intellectual property rights. It is based on a study that utilized a qualitative research design with data collected from the review of existing literature obtained online. It thus borrows extensively from publicly available resources, which are presented in the references section and accessed online during its development. The paper explores what some have described as ‘an uneasy relationship’ between indigenous knowledge and intellectual property rights protection and utilization, especially in regard to ownership – community vs individual ownership -access and benefit sharing. It also presents some notable cases of success and failure in the relationship. The paper delves into current efforts and deliberations at the global, regional, and national levels towards solving the challenges observed in the past in the said relationship and towards presenting a better framework for the utilization of intellectual property rights in indigenous knowledge protection and utilization. The paper concludes by applying the observations made to present reasoned recommendations that will allow for the embracing of intellectual property rights in indigenous knowledge protection and utilization for sustainable development. The authors posit that a balanced relationship between the indigenous knowledge holders and the IP system will have a positive impact towards the achievement of most of the SDG goals, but more specifically, goals 1, 2,3,8,9, 12 and 17.